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66 N.H. 424

30 A 1117

Benton v. Goodale

Supreme Court of New Hampshire

Decided December 5, 1890

Supreme Court of New Hampshire · decided 1890-12-05

<p>One who is compelled to pay more than his share of the fees of a collector of taxes, to prevent a tax sale of his land (included with lands of other persons in an advertisement of sale), may recover the excess in assumpsit.</p>

Cited by 2 later decisions — most recently November 1988

2 state decisions

Relies on Proprietors of Cardigan v. Page

Good law ✅— No negative treatment on recordhow we know

Decided 1890-12-05

View the full empirical analysis of this case →

Allen, J.

¶1 The defendant was entitled to one dollar and no more “ for advertising ” all the lands included in a single advertisement, and the plaintiff was holden to pay no more than “ his just proportion ” of the defendant’s fees. G. L., c. 58, s. 15 ; c. 59, ss. 16, 17. The plaintiff’s payment of more than his share was not voluntary. He was compelled to pay what the defendant demanded to prevent a sale. An action of debt for the penalty prescribed by Gen. Laws, c. 59, s. 18, was not the only remedy. Cardigan v. Page, 6 N. H. 182, 193.

¶2 Judgment for the plaintiff.

Bingham, J., did not sit: the others concurred.
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